39 A. 456 (Del. 1897), State v. Costen

• Citation: 39 A. 456, 17 Del. 19
• Opinion Judge: GRUBB, J.
• Party Name: THE STATE v. SAMUEL COSTEN
• Attorney: R. C. White, Attorney-General, for the State.
• Judge Panel: LORE, C. J,, and GRUBB and PENNEWILL, J. J., sitting.
• Court: Court of General Sessions of Delaware

Page 456

39 A. 456 (Del. 1897)

17 Del. 19

THE STATE

v.

SAMUEL COSTEN

Court of General Sessions of Delaware, New Castle County

September Term 1897

Court of General Sessions, New Castle County, September Term, 1897.

The defendant was indicted at this term for0 carrying concealed a deadly weapon. At the trial, the State proved that he was found by a police officer with a deadly weapon--to wit, a revolver--concealed upon his person. The defendant testified that he had purchased said revolver and was carrying the same home at the time of his arrest by the police officer.

Verdict: "Not guilty."

R. C. White, Attorney-General, for the State.

(The prisoner was unrepresented by counsel.)

LORE, C. J,, and GRUBB and PENNEWILL, J. J., sitting.

OPINION

[17 Del. 20] GRUBB, J. charged the jury as follows:

Gentlemen of the jury:--The prisoner, Samuel Costen, is charged in this indictment with the offense of "carrying concealed a deadly weapon upon or about his person other than an ordinary pocket knife."

You are the sole judges of the facts in this case, for under the present Constitution, the Court may not give its opinion to you with respect to any fact in the case, or, to what weight or effect it is to have upon you. While you are the judges of the facts, it is our duty, however, to state to you the law applicable to the facts, and it is yours to find your verdict upon the facts in accordance with the law as we state it to you.

The act of Assembly under which this indictment is found reads as follows:

"That if any person shall carry concealed a deadly weapon upon or about his person other than an ordinary pocket knife," he shall then upon conviction receive punishment as provided by law.

This Court has held that where a jury is satisfied, beyond a reasonable doubt, from the facts before them that the accused has upon or about his person a deadly weapon, other than an ordinary pocket knife, put there by him out of view, he is prima facie guilty under the law of carrying concealed a deadly weapon upon or about his person.

But we have also held and instructed juries that although the accused is to be presumed guilty from the mere fact of having [17 Del. 21] upon his person a deadly weapon out of sight, yet that he may nevertheless show to the jury that he has put that weapon there and carried it there for a lawful purpose. So that although you may find that he had a deadly weapon upon his person out of sight,...